Declaration of three divorces at one time.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
I desperatley need help and guidance for i am losing my
sanity and the will to live. please help me. i have commited zina and my
husband and his entire family have found out, i have bought shame to him and
family, and also i have let my kids down. i am truely sorry and make sincere
taubah day and night, i am constantly asking allah for forgivness and guidance.
i also ask for forgivness for the hurt and pain ive caused to my husband and
family. two years ago my husband had doubts about me and he was right to have
doubts, but i managed to cover up my secret, but also at the same time in anger
my husband gave me 3 clear talaaks(divorce), but the next day he said ignore
the talaaks. i was not happy with this as we both knew that our marriage could
be over. for 2 years i pesterd him to find out if those three talaaks are valid.
can you please tell me if they are valid. and now that my husband and his
family know about my adultry, i have no respect keft from them. i was caught
and was made a public mockery and publicly humiliated. like i said i do sincere
taubah and ask for forgivness day and night. me and my husband have been
seperated 4 months now and im finding it very hard to live like this. i am
constantly down and crying because i have alot of guilt and humiliation to live
with for the rest of my life. i have lost everything and everyone. no-one wants
to know me or talk to me as i said, i was made a mockery of which i felt was
very wrong. i dont think my husband will forgive me or come home and i am very
scared that without his forgiveness i will not enter jannat, he has become very
strict with me which i am also finding very hard to live by his rules. if he
has no intentions of forgiving me or ever trusting me, shouldnt he just divorce
me and let me try and get on with life. im tired of crying and being down as it
is affecting my 4 young children. they know what mummy has done and they also
know how sorry i am and they see how the family are now treating me, please
advise me and please clear up my talaak issues. thankyou
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Answer:
Declaration of three
divorces at one time
In the name of Allah,
We praise Him, seek His help and ask for His forgiveness. Whoever Allah
guides none can misguide, and whoever He allows to fall astray, none can guide
them aright. We bear witness that there is none worthy of worship but Allah
Alone, and we bear witness that Muhammad (saws) is His slave-servant and the
seal of His Messengers.
Your Statements: ….i have commited zina and my husband and
his entire family have found out, i have bought shame to him and family, and
also i have let my kids down. i am truely sorry and make sincere taubah day and
night, i am constantly asking allah for forgivness and guidance.
Respected sister in Islam,
whatever deeds one might have done in one’s past, if one turns to Allah
Subhanah in sincere ‘Taubah’ and seeks forgiveness, Allah Subhanah has promised in the Holy Quran
that He will forgive all the sins of such a repentant believer, even if one has
committed the gravest sin of all: ‘Shirk’!
Not only that, our Lord is so Merciful and Generous, that He not only
will forgive the sins of such sincerely repentant believers, He will change
their evil deeds done into good deeds!
The conditions or ways to seek
sincere Taubah or Repentance from the Merciful Lord are:
·
One is aware that he has sinned, and feels sorry
and ashamed at the commission of their sin.
·
Makes a solemn covenant and promise with Allah that
one will not repeat their sin again.
·
Turns to Allah and seeks forgiveness, before one
has met with their appointment of death.
·
Is a believer and does righteous good deeds
thereafter.
Allah says in the Holy
Quran Chapter 39 Surah Zumur verses 53-54:
(O Prophet) say: “O My
servants who have wronged their own souls….Do not despair of Allah’s
Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before
the scourge overtakes you; for then you
may get no help from anywhere.”
Allah says in the Holy
Quran Chapter 3 Surah Ale Imraan verse 135-136:
Allah likes such good
people very much, who, if ever they
commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their
shortcomings. For who, but Allah,
can forgive sins? (And Allah
loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from
Allah, and with Gardens beneath which
canals flow, and they will reside
therein forever! How excellent is the
reward of those who do good deeds!
Allah says in the Holy
Quran Chapter 25 Surah Furqaan verses 63-71:
The (true) servants of
the Merciful are those who walk humbly on the earth. When the ignorant people behave insolently
towards them, they say, “Peace to you”; (And those) who pass their nights in
prostrating themselves and standing before their Lord and pray, “O our
Lord, save us from the torment of
Hell, for its torment is killing! It is an evil abode, and an evil resting place”. (And those) who, when they spend are neither extravagant, nor miserly,
but keep the golden mean between the two extremes. (And those) who do not invoke any god but
Allah Alone, nor kill a soul
unjustly, which Allah has forbidden, nor commit adultery… He who does this shall
be punished for his sin, and his torment
shall be doubled on the Day of Resurrection,
and he shall abide in a state of ignominy; EXCEPT THE ONE WHO MAY HAVE REPENTED (AFTER
THOSE SINS), AND HAVE BELIEVED AND DONE
RIGHTEOUS DEEDS. For then, Allah will change his evil deeds into good
deeds, and He is very Forgiving and
Merciful. In fact, one who repents and does righteous
deeds, returns to Allah as one rightly
should!
Allah says in the Holy
Quran Chapter 6 Surah Anaam verse 54:
When those come to you
who believe in Our Signs, say:
"Peace be on you! Your Lord had
inscribed for Himself (the rule of) Mercy.
Verily if any of you did evil in ignorance, and thereafter repented and amended (his
conduct), Lo! He is Oft-Forgiving, Most Merciful."
Al-Tirmidhi Hadith
2357 Narrated by Abdullah ibn
Mas'ud
Allah's Messenger
(saws) said, "He who repents of a sin is like him who has committed no
sin."
Al-Tirmidhi Hadith
2338 Narrated by Abdullah ibn Umar
Allah's Messenger
(saws) said, "Allah accepts a servant's repentance (taubah) till he gives
up his spirit in death."
Al-Tirmidhi Hadith
2339 Narrated by Abu Sa'id
Allah's Messenger
(saws) said that the Shaytaan said, "By Thy Might, my Lord, I shall
continue to lead Thy servants astray as long as their spirits are in their
bodies!" The Lord, Who is Great and
Glorious, replied, "By My Might, Glory and Exalted Station, I shall
continue to pardon them as long as they ask My forgiveness!"
Your Question: …..but also at the same time in anger my
husband gave me 3 clear talaaks (divorce), but the next day he said ignore the
talaaks. i was not happy with this as we both knew that our marriage could be
over. for 2 years i pesterd him to find out if those three talaaks are valid.
can you please tell me if they are valid.
Allah Says in the Holy
Quran Chapter 2 Surah Baqarah verses 229-230:
229 A (revocable) divorce is only permissible twice: after that the parties should either
hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back
any of your gifts (from your wives) except when both parties fear that they
would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would
be unable to keep the limits ordained by Allah there is no blame on either of
them if she give something for her freedom. These are the limits ordained by
Allah; so do not transgress them. If any
do transgress the limits ordained by Allah such persons wrong (themselves as
well as others).
230 So if a husband divorces his wife (irrevocably for the third time)
he cannot after that remarry her until after she has married another husband
and he has divorced her. In that case there is no blame on either of
them if they reunite provided they feel that they can keep the limits ordained
by Allah. Such are the limits ordained
by Allah which He makes plain to those who understand.
Sunan of Abu-Dawood
Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws)
said: ‘There are three things which, whether undertaken seriously or in jest,
are treated as serious: Marriage, divorce and taking back a wife (after a
divorce which is not final).’
Al-Tirmidhi Hadith
3292 Narrated by Mahmud ibn Labid
When Allah's
Messenger (saws) was informed about a man who had divorced his wife, declaring
it three times without any interval between them, he (saws) arose in
anger and said, "Is a mockery being made of the Book of Allah Who is Great
and Glorious, while I am amongst you?"
As a result a companion got up and asked, "O Messenger of Allah
(saws) shall I kill him?"
The absolute majority of the
scholars are of the opinion that if one pronounces three divorces to one’s wife
at one time, they will count as three and an absolutely irrevocable divorce
will be established in the marriage.
That was the ruling of even the noble companions of the Messenger of
Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat
Abu Hurayrah (r.a.), etc.
Al-Muwatta Hadith
29.37
Yahya related from
Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad
ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before
he had consummated the marriage, and then it seemed good to him to marry her.
Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas
and Abu Hurayra on his behalf about it, and they said, 'We do not think that he
should marry her until she has married another husband.'
Al-Muwatta Hadith
29.1
Yahya related from
Malik that he had heard that a man said to Abdullah ibn Abbas (r.a.), "I
have divorced my wife by saying I divorce you a hundred times. What do you
think my situation is?" Ibn Abbas (r.a.) said to him, "She was
divorced from you by three pronouncements, and by the (other) ninety-seven, you
have mocked the Aayat of Allah."
Absolutely regardless of whether
the husband declared the divorces in seriousness or in jest, absolutely
regardless of whether he was angry or happy, absolutely regardless of whether
or not there were any witnesses present…… if the husband has declared three
divorce pronouncements upon his wife, an absolutely irrevocable divorce would
be deemed established in their marriage in the Sight of Allah Subhanah……and the
couple can never ever lawfully remarry again, unless and until the wife marries
another person, and her new husband happens to divorce her, or he dies.
If one trusts, obeys, and
follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being
misled; but if one believes, obeys and
follows any other guidance, other than that of Allah and His Messenger (saws),
one can be assured of being led astray.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me alone. Allah Alone
Knows Best and He is the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan